Question: We frequently move ED patients to other beds when our 5 ED beds are in danger of filling up. In this case we admitted a patient to an observation bed on the unit awaiting the results of testing to complete the MSE. We then transferred this patient to a larger facility upon acceptance from … Read more
A bed opens up on a specialty unit. Can the ED “save” the bed for a patient who “might” need it? CMS takes the position that a bed is available for accepting a transfer unless a specific named patient has been assigned to the bed but has not yet reached the bed. The question of … Read more
With a two-year Statute of Limitations built into the EMTALA law, does anything toll or extend the time to file a law suit? Not according to a Puerto Rico federal court. While not finding any affirmative authority for tolling, the Court considered whether “equitable tolling” or extension for fairness was an avenue to get around … Read more
Outside the Emergency Department ambulances are jammed into lines waiting to deliver their emergency patients. Patients in need of life-saving care sit 150 feet from the doctors they need to save their lives, and they cannot reach them. Inside the ED doors, EMS crews stand over their patients and vainly attempt to get nurses to … Read more
Hospital A owned an Indiana ambulance that transported an EMS patient to Hospital B. While in the ambulance, the patient died. The patient’s family sued the hospital under EMTALA arguing that the hospital-owned ambulance was required to have taken the patient to Hospital A, and therefore violated EMTALA. Initially, the trial court ruled with the … Read more
Doctors are not the only ones who sometimes find EMTALA confusing as a recent Tennessee case highlights. Lawyers apparently don’t understand it either. A patient came to the hospital with severe eye pain, was treated with eye drops, and sent home. A few days later he returned with increased pain and was given an ointment … Read more
When Theresa Penn experienced crushing chest pain, she went to her family physician’s clinic in her home town. He diagnosed ACS and AMI and attempted to arrange a direct admit to a cardiologist at the nearest hospital. The on-call cardiologist refsued the case because the intensive care unit was full, so the physician sent the … Read more
A study in the most recent edition of Health Affairs confirms that patient dumping is running rampant in Denver area hospitals in spite of EMTALA laws. Sara Rosenblum, lead investigator, called for aggressive enforcement of EMTALA by a government unit rather than relying on patient and hospital complaints. Denver is one of a number of major cities where hospitals … Read more
The blogs are ablaze with the idea that the Obamacare ruling by the Supreme Court now makes it likely that EMTALA will be successfully challenged in the Courts as Unconstitutional. The odd thing is that it is coming from supporters of Obamacare as an accusation that Tea Party supporters will take this approach. And they are suggesting it might win. … Read more